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Labour Laws

Labour & Employment Law Services

Vidhikarya Law firm offers wide range of legal solutions spanning across different domains of practice. Experienced advocates of the Law firm cater to individuals as well as corporates legal needs. Delivery excellence and client satisfaction are pillars of the firm.

Employment Advisory & Compliance Services
  • Advisory on labour and employment laws
  • Compliance with central and state labour statutes
  • Guidance on workplace policies and procedures
  • Support for statutory registrations and filings
  • Audit of employment practices and documentation
Employment Contracts & Documentation
  • Drafting and reviewing appointment letters
  • Employment agreement preparation
  • Confidentiality and non-disclosure agreements
  • Non-compete and non-solicitation clauses
  • Consultancy and retainer agreements
Wages, Benefits & Statutory Contributions
  • Minimum wages compliance
  • Provident Fund (PF) matters
  • Employees’ State Insurance (ESI) compliance
  • Gratuity and bonus advisory
  • Leave and working hours regulation
Termination, Retrenchment & Exit Management
  • Legal advisory on termination procedures
  • Retrenchment and layoff compliance
  • Voluntary retirement scheme (VRS) support
  • Settlement and full-and-final documentation
  • Employee exit dispute handling
Industrial Relations & Trade Union Matters
  • Collective bargaining support
  • Union negotiations and settlements
  • Handling strike and lockout matters
  • Industrial dispute resolution
  • Advisory on standing orders
Labour Dispute Resolution & Litigation
  • Representation before Labour Courts
  • Industrial Tribunal proceedings
  • Conciliation and mediation support
  • Arbitration in employment disputes
  • Civil and writ proceedings in service matters
Workplace Discipline & Misconduct Matters
  • Drafting disciplinary policies
  • Domestic enquiry proceedings
  • Show-cause and charge sheet drafting
  • Misconduct investigation advisory
  • Penalty and punishment compliance
Contract Labour & Outsourcing Advisory
  • Contract labour compliance under CLRA Act
  • Drafting manpower supply agreements
  • Principal employer advisory
  • Licensing and registration assistance
  • Dispute resolution involving contractors
Social Security & Welfare Legislation
  • Compliance with Shops and Establishments Act
  • Maternity benefit advisory
  • Equal remuneration compliance
  • Employee welfare scheme advisory
  • Statutory register maintenance
Employment Discrimination & Equality Matters
  • Advisory on unfair labour practices
  • Equal opportunity and pay compliance
  • Discrimination dispute handling
  • Wrongful termination claims
  • Retaliation and victimisation cases
Corporate Employment Structuring
  • Workforce restructuring advisory
  • Mergers and acquisition employment support
  • Transfer of undertakings compliance
  • Employment due diligence
  • HR policy harmonisation

How We Work

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Strategic Planning
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Execution
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Dedicated Case Manager Support Available From 10 am to 7 pm

Dedicated Case Manager Support Available
From 10 am to 7 pm

We handle Employment and Labour cases in following courts in India

  • courtPunjab & Haryana High Court
  • courtFaridabad District Court
  • courtDCDRC

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Our Experts

Frequently Asked Questions

Can my employer terminate me without giving any notice?

No, as per the Industrial Disputes Act, 1947, an employer must provide a notice period or compensation in lieu of notice unless the termination is due to misconduct. However, the exact notice period depends on your employment contract.

What can I do if my employer does not pay my salary on time?

You can first send a formal written request to your employer. If they still don’t pay, you can file a complaint with the Labour Commissioner’s Office or approach the Labour Court under the Payment of Wages Act, 1936.

Am I entitled to overtime pay if I work extra hours?

Yes, as per the Factories Act, 1948, and Shops and Establishments Act, you are entitled to overtime pay, which is usually twice your regular wage. The exact rules depend on the state laws and your industry.

Can my employer force me to work on public holidays?

No, public holidays are protected under the National and Festival Holidays Act and state-specific labor laws. If your employer requires you to work, they must provide compensatory leave or double wages.

What legal action can I take if I am wrongfully terminated?

You can challenge the termination by filing a complaint with the Labour Commissioner or moving to the Labour Court under the Industrial Disputes Act. If wrongful termination is proven, you may be entitled to reinstatement or compensation.

What are my rights if I am working as a contract employee?

Contract employees are covered under the Contract Labour (Regulation and Abolition) Act, 1970. You have rights related to minimum wages, working hours, provident fund, and gratuity, depending on your employment terms.

Is my employer required to provide me with a written appointment letter?

Yes, as per labour laws, an employer must provide a written appointment letter detailing salary, job role, and terms of employment. If they refuse, you can file a complaint with the labor department.

How much paid leave am I entitled to as an employee?

Paid leave depends on your industry and state laws. Generally: Casual Leave (CL) – 7-10 days per year Sick Leave (SL) – 10-12 days per year Earned Leave (EL) – 15-30 days per year Maternity Leave – 26 weeks (as per Maternity Benefit Act)

Can an employer refuse to give me my Provident Fund (PF) after I leave the company?

No, PF is your right under the Employees’ Provident Fund (EPF) Act, 1952. If your employer refuses to release PF, you can file a complaint with the EPFO (Employees' Provident Fund Organization) or claim it online through the UAN portal.

What is the legal working hour limit in India?

As per the Factories Act, 1948, and the Shops and Establishments Act, an employee cannot work more than 8-9 hours per day or 48 hours per week. Overtime pay is applicable if you work beyond this limit.

Can my employer deduct money from my salary without my consent?

No, unauthorized salary deductions are illegal. The Payment of Wages Act, 1936, allows deductions only for taxes, PF, fines for misconduct, or loan repayments (with your consent). If illegal deductions are made, you can file a complaint with the Labor Office.

What should I do if I am facing workplace harassment?

If it's sexual harassment, you can file a complaint with your Internal Complaints Committee (ICC) under the POSH Act, 2013. For bullying or discrimination, you can report it to the HR department or the Labour Court. If not resolved, approach the Labour Commissioner for legal action.

Do I have a right to Gratuity if I leave my job?

Yes, as per the Payment of Gratuity Act, 1972, you are entitled to gratuity if you have worked for at least 5 years in a company. It is calculated based on your last drawn salary and years of service.

Can I take legal action if my employer does not provide an experience letter?

Yes, you can send a legal notice demanding your experience certificate. If they still refuse, you can file a complaint with the Labour Commissioner or approach the Labour Court.

What are my rights under maternity leave laws?

As per the Maternity Benefit Act, 1961, you are entitled to: 26 weeks of paid leave for the first two children. 12 weeks of leave for the third child. Paid leave for miscarriage or medical termination (6 weeks). Crèche facility if the company has 50+ employees.

Can my employer reduce my salary without my consent?

No, any reduction in salary must be mutually agreed upon. If your employer reduces your salary unfairly, you can file a complaint with the Labour Commissioner or take legal action.

How can I file a labor complaint against my employer?

You can file a complaint through: Labour Commissioner Office (State-wise) Online portal of the Ministry of Labour Labour Court if your issue is not resolved

What is the procedure for claiming ESI (Employee State Insurance) benefits?

You can claim ESI benefits by visiting your nearest ESIC (Employees’ State Insurance Corporation) office and submitting your ESIC number, medical records, and employment details.

Do apprentices have any legal rights under labor law?

Yes, under the Apprentices Act, 1961, apprentices must be paid a stipend and provided a safe working environment. However, they are not considered regular employees and may not get full employee benefits.

Can I sue my employer for mental harassment at work?

Yes, you can file a complaint with the Labour Commissioner or Labour Court if your employer mentally harasses you. In cases of extreme mental harassment, you may also file a civil or criminal complaint.

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7604047601 / 7604047602 / 9831397506 / 8100091175

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No. 4, 2nd Floor,Esplanade Mansion, 14/16 Government Place (East), Kolkata-700069 Opposite Raj Bhawan (Governor’s House)

F-163, First Floor, Block C, Downtown Mall, Action Area III, Newtown, Kolkata-700160

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